April 2024 update

This page is automatically generated: it will only be complete at the end of the month. All monthly updates are available here: Archive of monthly updates.

Website

Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log in and the process is very quick and simple. See Magic Book

Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.

Cases. By the end of this month, Mental Health Law Online contained 2345 categorised cases

Chronology. See April 2024 chronology for this month's changes to the website in date order.

Cases

Case (DOLS ineligibility under Case E). Manchester University NHS Foundation Trust v JS [2023] EWCOP 33 — The parties agreed that the key questions when considering ineligiblity under Case E are: (1) Is the person a 'mental health patient'? (2) Is the person an 'objecting' mental health patient? (3) Could the person be detained under s2 or 3 MHA 1983? The judge (in this appeal judgment) agreed that they provide a useful structure for practitioners, and decided that the first instance judge had been entitled to reach the conclusions he did on the evidence he had.

Resources

Victims and the MHT. Ministry of Justice, 'Tough new measures to bolster landmark victims' law' (press release, 9/4/24) — The government has proposed amendments to the Victims and Prisoners Bill 2022 which would mean that victims could make a Victim Impact Statement during the Mental Health Tribunal process. There would also be a duty placed on police and criminal justice agencies to deliver services in relation to the exiting duty to inform victims of their rights, and this duty would be overseen by the Victims' Commissioner.

Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) — Unhelpfully, this practice note gives no indication of what changes have been made since the August 2022 version. However, we have created a tracked changes version for MHLO.

Remote hearings. HMCTS, 'Safety and security in hospitals and trusts' (letter to MHLA, 4/4/24) — This letter states that from 8/4/24, for "health and safety" reasons, all hearings at venues that have not confirmed compliance with the minimum safety and security requirements will be held by video link. Of over 820 venues contacted (in February 2024), 150 stated that they cannot comply, and others have not yet replied. Representations can be made if there is "a particular medical or other reason that the patient cannot have a VH hearing" and directions might include "reasonable adjustments or a transfer to a suitable hospital".

Tribunal room standards. HMCTS, 'Minimum security standards' (checklist, October 2023) — This checklist was sent to hospitals alongside Mark Sutherland Williams, 'Safety and security of tribunal members and others attending hospital mental health hearings' (letter to hospital Chief Executives, 4/4/24).

Remote hearings. Mark Sutherland Williams, 'Safety and security of tribunal members and others attending hospital mental health hearings' (letter to hospital Chief Executives, 4/4/24) — This letter states that from 8/4/24 face-to-face hearings will not take place at venues which are "not compliant with minimum safety standards or have not replied to say they are".

Hospital tribunal requirements. Mental Health Tribunal, 'Minimum security requirements and amenities for tribunal hearing rooms in hospitals' (29/1/24) — There are minimal changes to the 2022 version throughout the document. The main changes seem to be: (1) New paragraph 17 under the heading "Standards of safety and security": Contact details for a named responsible officer and an emergency number should always be provided to the panel on arrival in case security is required."; (2) changed email addresses; (3) further details on reporting concerns or incidents.

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: sexual and contraceptive complexities and an important light shed on DoLS from Northern Ireland; (2) In the Property and Affairs Report: the obligations on the LPA certificate provider, telling P their damages award, and dispensing with notification in statutory will cases; (3) In the Practice and Procedure Report: when it is necessary to go to court in serious medical treatment cases, and a Scottish cross-border problem; (4) In the (new) Mental Health Matters Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence; (5) In the Wider Context Report: when not to try CPR, developments in the context of assisted dying / assisted suicide and with Martha’s Rule, and news from Ireland; (6) In the Scotland Report: a Scottish take on the Cheshire West anniversary and a tribute to Karen Kirk."

Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 138, April 2024) — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: a very difficult dilemma arising out of covert medication, and key deprivation of liberty developments; (2) In the Property and Affairs Report: fixed costs for deputies, deputies and conflicts of interest, and the Child Trust Fund saga continues; (3) In the Practice and Procedure Report: three amended Practice Directions, when (and why) should the judge visit P and fact-finding in the Court of Protection; (4) In the Mental Health Matters Report: the Government (rather surprisingly) responds to the Joint Committee on the draft Mental Health Bill, and important reports from the PHSO and CQC; (5) In the Wider Context Report: a snapshot into litigation capacity and Jersey sheds light on the concrete realities of assisted dying / suicide; (6) In the Scotland Report: the Assisted Dying for Terminally Ill Adults (Scotland) Bill."

Social media

Nothing to report this month.

Other items

Apr 2024: Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) - tracked changes version

=Has been added to MHLO
=Only appears in this list